TERO Ordinance

Title XIII Chapter 3: Tribal Employment Rights Review Board

Sec. 301. Establishment.

There is hereby created the Fort Peck Tribal Employment Rights Office (TERO) as an independent office of the Tribes, reporting directly to the Tribal Executive Board in such manner as the Tribal Executive Board directs.

Sec. 302. Qualifications.

To be eligible to serve on the Review Board, a person must have a high school diploma, be at least twenty five (25) years of age, not have been convicted of a felony, not have been dishonorably discharged from the Armed Forces, not be affiliated with or employed by a business certified or seeking certification under Chapter 5, be physically capable of carrying out the duties of the office, and in the opinion of the Tribal Executive Board, be of sound judgment, good character and possess a reputation for honesty, fairness and impartiality.

Sec. 303. Compensation.

The compensation of members of the Review Board shall be fixed from time to time by the Tribal Executive Board.

Sec. 304. Jurisdiction.

The Review Board shall:

(a) Conduct hearings and impose sanctions for violations of the Indian employment preference in accordance with Section 409 of this Title;

(b) Conduct hearings and impose sanctions for violation of the Indian contracting and subcontracting preference in accordance with Section 508 of this Title;

(c) Make certification decisions with respect to Indian firms in accordance with Sections 511 through 515 of this Title

(d) Review actions of TERO at the instance of aggrieved parties, in accordance with
Section 607 of this Title.

(AMENDED AS PER RESOLUTION NO. 2315-87- 02, DATED 02/25/87.)

Sec. 305. Sanctions.

The Review Board, after a hearing may impose upon any covered entity which fails to comply with any applicable provision of this Title any of the following sanctions:

(a) Denial or suspension of the right to do business on trust land within the Reservation, provided that the employer shall be given a reasonable time to remove equipment or other property it may have on the Reservation and to arrange with another party For assumption of any contractual obligations it has on the Reservation"Reasonable time", shall mean a maximum of thirty (30) days unless an extension of time for removal is requested from and granted by the TERO Review Board, upon a showing of legitimate reason(s).

(AMENDED AS PER RESOLUTION NO. 2464-89-5, DATED 05/23/89.)

(b) Denial or suspension of the right to commence new business on trust land within the Reservation;

(c) Payment of back pay or other monetary relief to correct harm done to Indians or other entities by the non-compliance;

(d) Civil fines, not to exceed five hundred dollars ($500.00) per violation. Each day a covered entity is found to be out of compliance may be considered as a separate violation.

Sec. 306. Hearing procedures.

At all hearings before the Review Board, all participants shall have the following rights:

(a) To be represented by counsel at their own expense;

(b) To be present at the hearing;

(c) To present relevant sworn testimony and documentary evidence, to call witnesses, and to ask questions of witnesses of other participants. All hearings before the Review Board shall be conducted in an orderly manner, but formal rules of evidence need not be observed.

Sec. 307. Decisions after hearing.

After the hearing, the Review Board shall issue its written decision. All decisions shall state the grounds therefore. A copy of the decision shall be sent to all participants by registered mail.

Sec. 308. Appeals.

A party shall have the right to appeal any decision of the Review Board to the Tribal Court. An appeal shall be filed within thirty (30) days after receipt of notice of the Review Board’s decision. The TERO director shall represent the interests of the Tribes on the appeal. The Court shall reverse the decision of the Review Board only where it finds that decision to be arbitrary and capricious, or unsupported by substantial evidence.